when you are the government you have an obligation to make things right. if you have done some the wrong he should make it right. it is not a good comparison but i remember when i was in the military, medical malpractice cases, if we were wrong we figure out how big the check was going to be, that is the right thing to do when you are the government. this is an important question and i urge you to take a look. >> judge brown elevated, make a difference? >> i think there would be a difference of opinion, correctly decided in the first interest and whether subsequent practical experience had led one to the conclusion, i fundamentally agree with what charlie was saying about i started at the justice department office of legal counsel after september 11th. i thought our was going to do establishment cause but national security, counterterrorism, international law, we sat down and looked at all of these decisions. as steve pointed out none of that germans filed petitions, not the sabateurs but for the most part there was not a lot of legal activity because none